Submitted by: Submitted by clintmsaner
Views: 291
Words: 1003
Pages: 5
Category: Business and Industry
Date Submitted: 01/29/2012 01:43 PM
Running head: Legal Encounters
Legal Encounters
University of Phoenix
Legal Encounters
What liability and rights do Nucor or Pat have in this situation? What legal principles, such as statutory or case law, supports those liabilities and rights?After studying the legal encounter with regards to NewCorp and Pat, it seems that Pat has a possible suit for wrongful termination. Although Pat signed an understanding that the company can fire employees at will the company can still be liable stating they will fire him based on performance. Title VII of the Civil Rights Act, governs all employee rights. The statutes prohibits firing or refusing to hire an employee because of race, color, religion, sex, national origin, age, or handicap status also known as Title VII. Under this statute there are many exceptions to the at-will employee/ employer relationship. One exception is that an employer is not permitted to fire an employee because the employee refuses to commit an illegal act. Another exception deals with family or medical leave, federal law permits most employees to take a leave of absence for specific family or medical problems. An employer is not permitted to fire an employee who takes family or medical leave for a reason outlined in the Family and Medical Leave Act. More specifically dealing with Pat and NewCorp, a company must follow their own termination procedures. In the case of having an employee handbook or company policy which outlines a procedure that must be followed before an employee is terminated, Pat is protected under the handbook and the policies that were set forth for his hire. According to Mr. Muhl, “if the employer fires an employee without following this procedure, the employee may have a claim for wrongful termination,” (Muhl, 2001). Under the implied contract exception, an employer may not fire an employee when an implied contract is formed between an employer and employee, even though no express,...